UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7655

JOHNNIE TASBY,

Petitioner - Appellant,

versus

UNITED STATES PAROLE COMMISSION,

Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 03-2030-CCB)

Submitted: February 19, 2004 Decided: February 25, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnnie Tasby, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Johnnie Tasby, a Texas state prisoner, seeks to appeal

the order of the district court denying his

(2000)

petition without prejudice. The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.

(c)(1) (2000). A certificate of appealability will

not issue absent “a substantial showing of the denial of a

constitutional right.”

(c)(2) (2000). We have

independently reviewed the record and conclude that Tasby has not

made the requisite showing. See Miller-El v. Cockrell,

(2003). Accordingly, we deny a certificate of

appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid in the decisional process.

DISMISSED

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